Clearance Report Exposes Conflicts

Are script clearance reports a production necessity?

As discussed in a previous article, most productions will require errors & omissions insurance if they are going to be broadcast or released theatrically. The most important tool used by producers to obtain this insurance is the script clearance report.

Script clearance reports identify elements in a script that may expose a production to claims, such as invasion of privacy, libel, copyright and trademark infringement.

The report will search character names, businesses, schools, organizations, product names and locations against the location of the script for potential conflicts. It will highlight materials that may be protected, such as film clips, books, photographs and artwork and will also identify proposed prop or trademark use that could be problematic.

A “featured prop” is a prop featured prominently on screen. Examples include characters in a script playing a game of “Scrabble,” or a publication such as National Geographic magazine appearing on screen. No featured prop with identifiable trademarks or copyrighted material should be used without the appropriate clearance. Since significant costs can be incurred if items are not properly cleared, the script clearance report must be treated seriously.

Once it is determined that permission must be obtained for use of a featured prop, the production will need to contact the owner to acquire their consent for use. Generally, a script report will provide contact information for products (such as clothing brands, health and beauty products, foods, electronics, liquor brands, etc.), trademark owner information, film clip ownership and rights ownership for music; each of which may involve contacting several different parties.

It is often necessary to then submit, to the owner, a plot synopsis, a letter setting out information on the production company, copies of the relevant script pages showing how the prop will be featured and a release form for execution by the owner. In some cases, owners are happy to have their product shown on screen and will quickly sign an agreement, but others, such as sports teams, city or government entities, military organizations, etc. may be considerably more reluctant to provide permission and may often refuse.

Never assume that an item obtained from a prop house is clear to use. This is particularly true in the case of posters, photographs and art. Although the prop house may assure that the item is clear and has been used in many productions, the prop house will rarely give a written warranty that the item has been cleared for use.

The art department and director will often have a very long wish list of products and props that they would like to use. Clearing items and gaining permission for use is a lengthy process, so getting your script clearance report done well in advance, being aware of what will be featured on screen and allowing plenty of time to locate the proper contacts and secure appropriate permissions, will help avoid chaos as the whirlwind of production approaches. Acquiring rights to music, in particular, can be the most time-consuming and expensive part of the clearance process. If possible, production counsel should be involved with all aspects of the clearances and permissions.